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2025 DAILYLAW 56187 (AP)

BUDHARAJU ACHAIAH v. THE STATE OF ANDHRA PRADESH

WP/31454/2025 · 2025-12-04

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010606432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31454/2025 Between: 1. BUDHARAJU ACHAIAH, ,S/O BUDHARAJU RAMANAIAH, AGED ABOUT 57 YEARS,R/O AMBALAPUDI VILLAGE BALAYAPALLI MANDALAM,AMBALAPUDI, NELLORE, SPSR NELLORE DISTRICT.ANDHRA PRADESH. 2. MAGULURUVENKATESWARLU,, S/O MAGULURURAMAKRISHNAIAH AGED ABOUT 51 YEARS,R/O LINGA SAMUDRAM VILLAGE, DAKKILI MANDAL, LINGA SAMUDRAM, NELLORE, ANDHRA PRADESH. 3. GUMMARAJU GOPALAKRISHNA, ,C/O KRISHNAMURTHY, AGED ABOUT 60 YEARS, R/O 16- 16-13, FLAT NO.13, RADHAKRISHA NAGAR, ACHARYA NG RANGAN BACK SIDE DUSK GARDENS, CHINTHAREDDYPALAM, NELLORE, ANDHRA PRADESH - 524003. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 2 SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, GUDUR, TIRUPATI DISTRICT. 4. THE TAHSILDAR, VENKATAGIRI, VENKATAGIRI MANDAL, TIRUPATI DISTRICT. 5. THE SUPERINTENDING ENGINEER, R AND B, TIRUPATI, TIRUPATI DISTRICT. 6. THE REGIONAL JOINT DIRECTOR, HIGHER EDUCATION, GUNTUR, GUNTUR DISTRICT. 7. THE PRINCIPAL, VISVODAYA DEGREE COLLEGE, VENKATAGIRI, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. Y L SIVA KALPANA REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31454 of 2025 ORDER: The present writ petition is filed declaring the action of the respondents in not allotting the plots in Survey No.199-4, Ammavaripeta Village, Venkatagiri, Tirupati to the petitioners as recommended by the 4th respondent vide proceedings dated 17.08.2020 by considering the report of the 3rd respondent dated 13.12.2023, as illegal and arbitrary. 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. 3. The petitioners before this Court are the auction purchasers and they were deposited the entire amount consequent to the confirmation and they were allotted plot Nos.36R, 39R and 43 R. Based on the objections raised by the 7th respondent-College, the respondent authorities have considered for alternative sites to the petitioners and accordingly, the 4th respondent-Tahsildar has recommended for allotment of house plot Nos.7, 3 and 5 respectively and 3rd respondent- 4 Revenue Divisional Officer has also considered and submitted a report on 13.12.2023 to the 2nd respondent-District Collector. Despite receipt of two reports, the 2nd respondent has not considered and passed any final order. Hence, the present writ petition. 4. Considering the submissions, this Court has directed the learned Assistant Government Pleader to get written instructions with regard to subject issue and accordingly, the 2nd respondent- District Collector has furnished instructions to the learned Assistant Government Pleader on 05.12.2025. According to the said instructions, as per the report submitted by the Revenue Divisional Officer pertaining to plot Nos.5R, 6R and 7R, the authority will consider the matter and pass appropriate orders within a period of six (6) weeks. 5. Considering the said instructions, without going into the merits of the case, this Court is inclined to dispose of the writ petition directing the 2nd respondent to consider the reports of respondent Nos.3 and 4 and pass appropriate orders to provide alternative plots to the petitioners and also handover the 5 possession of the plots to the petitioners within a period of six (6) weeks. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 05.12.2025 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31454 of 2025 Dated: 05.12.2025 Ivd